TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
October 3, 2007
***** Draft Document - Subject to Commission Approval *****
Chairwoman Kehoe called the Meeting to order at 7:33 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
ESTABLISHMENT OF QUORUM:
Present: Regular Members Linda Kehoe (Chairwoman), Michael Ceppetelli, John Malin, Tina McCarter, Richard Osborn, and Michael
Sawka.
Unable to Attend: Regular Members Michael Koczera and Rene Thibodeau, and Alternate Member Jan Warren.
Chairwoman Kehoe noted the establishment of a quorum with all Regular Members and Alternate McCarter; all members will sit in on votes/discussion this evening. Also in attendance was Town Planner Whitten, and First Selectman Filipone.
At the beginning of the Meeting First Selectman spent a few minutes demonstrating a new SmartBoard which allows computer assisted presentation of aerial maps, file documentation, spreadsheets etc. to provide the audience with clearer visual data and audio.
AGENDA ADDITIONS:
Chairwoman Kehoe noted the receipt of a new Application for 161 South Main Street (Southern Auto Sales).
MOTION: To ACCEPT THE AGENDA ADDITION for 161 South Main Street (Southern Auto Sales) - Application of Southern Auto Sales to conduct regulated activities associated with utility installation for east lot car wash and reconditioning center. Total parcel is 182 +/- Acres, served by public water and sewer.
Osborn moved/Malin seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINUTES - 9/5/2007:
MOTION: To APPROVE the Minutes of Regular Meeting dated September 5, 2007 as written.
Osborn moved/Malin seconded/VOTE: In Favor: Unanimous
Chairwoman Kehoe suggested the Commission take Item A listed under NEW BUSINESS out of order as the Application is for the extension of an existing permit.
MOTION: To GO OUT OF ORDER and take Item A - Tromley Road (Coleman Farms) - Request for an extension of existing Inland Wetland Permit #1305, for a nine month period.
Osborn moved/Malin seconded/VOTE: In Favor: Unanimous
NEW BUSINESS/A. Tromley Road (Coleman Farms) - Request for an extension of existing Inland Wetland Permit #1305, for a nine month period:
Chairwoman Kehoe read the description of this Item of Business. Appearing to discuss the request was Attorney Len Jacobs, representing the developer. Attorney Jacobs recalled he appeared before the Commission 6 months ago to request an extension of the Wetlands Permit; the extension was granted through October 31st. Many people from the condo community expressed concerns regarding the sequence of construction; subsequently an agreement was reached between the condominium association and the developer. As a result of that agreement the Planning and Zoning Commission (PZC) granted an extension of their permit to May, 2009. Attorney Jacobs reported he has spoken with Hal Cummings, attorney for the condominium association; he has no problem with an extension to May 2009, which would be
consistent with the PZC extension.
Discussion followed regarding the length of the extension. Attorney Jacobs agreed to a 9 month extension for the Inland/Wetlands Permit #1305 as that was the time specified on his signed application.
Town Planner Whitten concurred that both parties are in agreement with the sequence of construction; Certificates of Occupancy and Building Permits are not being issued until certain thresholds are met. She recommended the Commission grant the extension. Discussion followed regarding the ability of the developer to meet the proposed construction schedule, the condition of the current building market, what is causing the limited market activity.
MOTION: To GRANT the request of Coleman Farms for an extension of existing Inland Wetland Permit #1305, for a nine month period; extension to run from 10/31/2007 to July 31, 2008.
Osborn moved/Malin seconded/VOTE: In Favor: Unanimous
Chairwoman Kehoe noted Items B and C under NEW BUSINESS are also short Applications; she recommended the Commission consider going out of order to hear those applications before beginning hearing the PUBLIC HEARINGS and CONTINUED APPLICATIONS.
MOTION: To GO OUT OF ORDER to take NEW BUSINESS, Items of Business B - 206 East Road - Application of Kenneth Hunt for a Permitted-Use-As-Of-Right for two 14’ x 48’ sheds for agricultural uses, and C - 247 South Water Street - Request for a Jurisdictional Ruling on the Application of Noreen Farmer for a shed
Osborn moved/Malin seconded/VOTE: In Favor: Unanimous
NEW BUSINESS: 206 East Road - Application of Kenneth Hunt for a permitted-Use-As-Of-Right for two 14’ x 48’ sheds for agricultural uses:
Chairwoman Kehoe read the description of this Item of Business, noting the Commission had granted a permit in February giving the Applicant permission to remove existing sheds and make a wetlands crossing as-of-right; this is the third stage of the project in which he will replace the sheds. Appearing to discuss his proposal was Kenneth Hunt.
Mr. Hunt noted he removed a 30’ x 50’ building and is replacing same with two 14’ x 48’ sheds which will be installed on crushed stone slabs; the second building will be placed beyond the wetlands. Mr. Hunt indicated the sheds will be used for storage of farm equipment. Commissioner Osborn concurred the installation of the sheds is a farming use and is permitted as-of-right.
MOTION: To GRANT APPROVAL of the Application of Kenneth Hunt for a Permitted-Use-As-Of-Right for two 14’ x 48’ sheds for agricultural uses.
Osborn moved/Sawka seconded/VOTE: In Favor: Unanimous
NEW BUSINESS: 247 South Water Street - Request for a Jurisdictional Ruling on the Application of Noreen Farmer for a shed.
Chairwoman Kehoe read the description of this Item of Business. She noted this Application conceiveably could have been handled as an Agent Decision, but due to the lack of a current agent Mrs. Farmer is appearing before the Commission. Appearing to discuss this Application was Noreen Farmer.
Mrs. Farmer indicated she wanted to put an 8’ x 20’ shed on the top of the property; the shed will be installed off the ground on a slab. She noted originally there had been questions as to the location of the Channel Encroachment Line but they will be 100’+/- away. Although there are significant slopes at either end of the property the area near the houses is relatively flat, and will be the location for the installation of this shed. The shed will be used for storage of yard equipment.
Chairwoman Kehoe suggested the Applicant is looking for a jurisdictional ruling.
MOTION: To APPROVE a Jurisdictional Ruling for the Application of Noreen Farmer for the installation of a shed at 247 South Water Street as it will have minimum impact.
Osborn moved/Malin seconded/VOTE: In Favor: Unanimous
PUBLIC HEARING/A. 111 Bridge Street - Continued Application of Benson Enterprises, Inc. to conduct regulated activities associated with a residential/commercial development including 4 buildings. Total parcel is 1.30 acres, served by public water and sewer. (35-day deadline to close Public Hearing ends 11/7/07):
Chairwoman Kehoe read the description of this Public Hearing. Appearing to discuss the Application was Tim Coon, of J. R. Russo & Associates; Jay Ussery, also of J. R. Russo & Associates, and Paul Benson, of Benson Enterprises and the property owner, were available in the audience.
Mr. Coon submitted receipts of abutter notification for the file.
Mr. Coon described the location of the property as being a 1.3 acre parcel across the street from the new entrance to the Geissler’s Plaza, and east of the Warehouse Point Fire station. The parcel currently contains a residential dwelling; the land to the rear is undeveloped. The site contains a 50’ strip to access agricultural land on the east side of the property. The parcel is situated in a B-1 Zone. Mr. Coon indicated that drainage will begin at the existing headwall and run along the length of the property on the west side. The wetlands have been flagged by Mike Fiamigliotti; he noted the total parcel falls within the 150’ regulated area. The proposal calls for demolition of the existing dwelling; 4 buildings (2 in front and 2 in the rear) containing office space
on the first floor and residential space on the second floor (similar to those constructed at Pasco’s Commons) will be constructed. Access will be provided off Bridge Street in approximately the location of the existing driveway; a turn-around for emergency access will be constructed in the interior of the site. The parcel is currently served by public sewer and water.
Mr. Coon indicated that the property slopes from east to west; they are proposing retaining walls to facilitate grading. They are further proposing deep sump catch basins to divert the run off to central locations in a subsurface drainage system to be installed in the parking lot. Water will overflow through a pipe running through the retaining wall to a splash pad outside the wetlands. Mr. Coon indicated there will be no work or impact within the wetlands. They will be providing a double row of silt fence along the boundaries as recommended. He noted that all comments made by Town Engineer Norton under his memo of 9/10/2007 have been addressed.
Chairwoman Kehoe opened discussion to the audience, requesting that they keep comments pertinent to wetlands issues.
Bill Grace, 118 Main Street, Warehouse Point: Mr. Grace noted this property abuts the property of St. John’s Episcopal Church, which he attends and for which he works maintaining the building and grounds. He questioned what percentage of the land will be covered by impervious area? Mr. Coon indicated the percentage would be 51% post-construction. Mr. Grace questioned that the run off will flow into Blue Ditch? Mr. Coon reiterated the sub-surface drainage system is an infiltration system where the majority of the water will go into the sub-soils (which are sandy and perc well) under the parking lot and then into the
groundwater, and then into Blue Ditch. Mr. Grace indicated he has lived in the area for 22 years and the area has always been wet. When heavy rains occur the parking lot at St. John’s will experience water on the edges; when it snows he must run a path through the lawn with the snowblower for the water to exit. Mr.
Grace reiterated his concern with additional water impacting the church property; he suggested that run off from Geissler’s also runs into Blue Ditch.
Chairwoman Kehoe requested Mr. Coon explain the subsurface drainage system and it’s impact on standard storms. Mr. Coon described the system, noting the water goes into a series of plastic chambers containing weirs to regulate water which will ultimately infiltrate into the ground. He noted that peak run-off pre-development can not exceed post-development run off; 5, 10, and 50 year storms are less or equal to pre-development run off. Mr. Coon noted there was considerable discussion regarding run off from a 100 year storm. The 100 year flood pain comes up adjacent to this site; there was discussion regarding detaining all of that water. Based on the amount of water being released from their site,
they have determined the increase in the flood elevation in that flood plain is .016 inches.
Mr. Grace questioned what will happen when the temperature is 9 degrees, and water is retained by the snow melt? Mr. Coon described specifics of the drainage system, including elevations of fixtures; he suggested the water won’t stay there. Discussion continued regarding the functionality of the design of the system, pre-development and post-development run off, and the impact of the back-up of the Connecticut River on this system/site, and the church’s property. It was noted St. John’s parking lot is 30’+/- from Blue Ditch; perhaps 1/3 of the lot was covered in water during the last 100 year storm.
Commissioner Ceppetelli couldn’t see enough room for snow storage; he felt it would be logical to throw the snow over the retaining wall. Mr. Coon referenced the plans, noting there is an area of snow shelf to the side. If snow accumulation exceeds the storage space the excess materials will be taken off site.
Chairwoman Kehoe questioned why no alternative systems were proposed? Mr. Coon indicated this is considered a retention system. A detention system would hold all water in place and release all of into Blue Ditch but the retention system puts the water back into the ground. The sub-surface system is best suited for a small site such as the subject location. Mr. Coon further explained the water treatment functions of the proposed system, noting the isolator will remove 80% of the sedimentation and solids out of the water, while the rest is treated. Mr. Coon also noted that at present the stormwater going into Blue Ditch from the upstream properties is not very well treated.
Chairwoman Kehoe noted the need to add a Catch Basin Maintenance Schedule to the plans; such schedules typically call for inspecting basins twice a year and cleaning as necessary. Mr. Coon had no problem with complying to Chairwoman Kehoe’s request.
Discussion continued regarding the elevations of the system fixtures; Mr. Coon described run off scenarios, noting the system sends the water into the groundwater at a slower rate which reduces the peak flows. The impact on the church property and other property owners was discussed again. Mr. Coon noted his drainage report and backup information has been submitted to Town Engineer Norton, who has reviewed same and has submitted memos indicating his concerns have been addressed. Commissioner Ceppetelli again cited his concern with snow removal.
Chairwoman Kehoe questioned if any feasible and prudent alternatives - such as fewer buildings or less parking - had been considered? Mr. Coon suggested that the narrowness of the site requires installation of a road with a turn-around which they believe is necessary for safety reasons. He suggested they feel they have submitted the best alternative for this site. Discussion turned to the impact of development upstream on the functionality of the proposed drainage system, the ability to rework or expand this system to handle the increased impact, and the need for easements to make improvements. Mr. Coon noted the State drainage system discharges onto the properties within the State right-of-way; the headwall is on private property. Mr. Coon indicated he anticipates
that when they go to the State regarding the curb cut the State will want easements. Mr. Ussery, speaking from the audience, suggested that with regard to future development the area under discussion is the area least likely to need improvements because they are not increasing the flow; flows from development of the upstream properties would occur further downstream.
Discussion returned to past flood experience in this area. Mr. Grace suggested Main Street hadn’t flooded since 1938, and hadn’t flooded in 1955 although some spots are low and accumlate water. Commissioner Osborn suggested that last major storm was in 1984, which nearly equaled the 1938 levels, but the water is better controlled due to the dams upstream.
Discussion turned to the Maintenance Schedule. Commissioner Ceppetelli questioned if the owner would be opposed to going off their property to clean catch basins? Mr. Benson, speaking from the audience, suggested much of the sand accumulation comes from State road; he felt the State will required them to give them an easement to clean the basins. Mr. Benson suggested he would not be opposed to cleaning the basins with the State’s permission. Discussion turned to cleaning Blue Ditch of trees and accumulated debris. Mr. Benson suggested 90% of Blue Ditch is on the property containing the fire department. He suggested he would be more than happy to install a plunge pool to slow the water down. Commissioners had varying opinions on the affect of
clearing brush and debris from Blue Ditch.
Chairwoman Kehoe reviewed the following potential conditions of approval: 1) remove sediment from the outlet pipe and ditch to property line; discussion continued regarding the appropriateness of requiring the Applicant to go beyond their property line to improve the drainage conditions. 2) review additional snow removal options.
Chairwoman Kehoe queried the audience for additional comments:
Joe Genesco, Bridge Street: suggested the State used to come onto the fire department property to clean out Blue Ditch with a backhoe for the person who originally owned the house on this property.
MOTION: To CLOSE the Public Hearing on the Application of Benson Enterprises, Inc. for 111 Bridge Street to conduct regulated activities associated with a residential/commercial development including 4 buildings. Total parcel is 1.30 acres, served by public water and sewer.
Osborn moved/Malin seconded/VOTE: In Favor: Unanimous
Chairwoman Kehoe queried the Commission for additional comments. Commissioner Ceppetelli indicated he would like to see more information regarding the developer working with the Town to clear debris. Chairwoman Kehoe noted she had just been informed the property is owned by the fire department, not the Town, but felt the Town, if money were available, would be willing to work with the fire department. She noted approval of this Application would not be contingent of such work occurring. Discussion again turned to the sub-surface infiltration system, and the impact, if any, of the system’s function on other property owners. It was noted the plans had been reviewed by the Town Engineer, who noted any comments or concerns he had raised had been adequately addressed.
MOTION: To APPROVE the Application of Benson Enterprises, Inc. for 111 Bridge Street to conduct regulated activities associated with a residential/commercial development including 4 buildings, with the following conditions:
1) No snow to be dumped over the retaining wall.
2) Catch basins at Bridge Street to be inspected twice a year and cleaned as needed, and Maintenance Schedule to attach to plans to reflect that requirement.
3) Remove sedimentation from headwall to property line.
Sawka moved/Osborn seconded/VOTE: In Favor: Unanimous
MOTION: To TAKE A FIVE MINUTE BREAK.
Malin moved/Osborn seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 9:20 p.m. and RECONVENED at 9:28 p.m.
CONTINUED APPLICATIONS OR BUSINESS/A. 244 South Main Street (rear) - Continued Application of Balch Bridge Street Corporation for the removal of fill material in regulated area, regrading of slope and establishment of permanent vegetative cover. (65-day Application period ends 11/9/07):
Chairwoman Kehoe read the description of this Item of Business. She noted some Commissioners did walk the site; although the site visit was not a meeting it had to be advertised as a public meeting to which the public could have attended. No minutes were submitted as this is not a Show-Cause Hearing as no Cease & Desist Order was issued. This Item of Business is a continuation of an Application. Appearing on behalf of the Applicant was Jay Ussery, of J. R. Russo & Associates. Also present was James Balch, owner of Balch Bridge Street Corporation.
Mr. Ussery submitted revised plans which reflect the condition of the site as of today. He referenced page 1 reflects the overall of the site, while page 2 is a blow-up of the area of the site walk. Mr. Ussery referenced the area on the Smartboard, circling two areas under discussion regarding filling and collection of debris. He pointed out the location of the Baggot Farm operation, the farm road running down the hill and looping around to the agricultural area, the building below the slope and the cell tower. Continuing to reference the Smartboard Mr. Ussery suggested the area further to the north and west is an area where some fill material was placed; trailers currently occupy that area. Mr. Ussery reported he doesn’t know the elevation where the farm vehicles are parked but he
guesstimated 400 to 500 cubic yards of materials have been placed in that area. Regarding the area closer to the building Mr. Ussery reported he shot spot grades and took into consideration the square footage and estimates 3000 to 3500 cubic yards of fill material has been place in that area and graded and sloped. Mr. Ussery indicated the elevation of the 100 year Flood Line is mid slope; the Channel Encroachment Line is below that and cuts across the face of the slope. He suggested that under the previous plan approved by this Commission 3 to 4 years ago some fill was placed below the Channel Encroachment Line and within the 100 year Flood Line. Chairwoman Kehoe reported she pulled that plan from the file; it includes a map dated 12/04/01 and proposed a catch basin and a pipe. It was noted you can easily see there is a change in the slope from that time to today. She also noted that plan came in as a response to a violation as well.
Mr. Ussery agreed there has been some additional material placed on the slope since that approval.
Mr. Balch indicated he would like to leave the area as it is and seed it but he questioned the Commission’s desire? Chairwoman Kehoe note a Violation Letter was issued, and at that time the work was to stop and it continued. She noted photos were taken, and the day after the Commission met Town Planner Whitten took photos of the site. There were piles of fill and debris, and the pipe was dug up because it had been crushed; curtain drains have been put in around the existing building which now go into that same drain pipe. Mr. Balch suggested he had a water problem in the building and put in the curtain drain. Chairwoman Kehoe continued to review several photos, each reflecting areas of fill or piled debris; Mr. Ussery agreed the photos were accurate as to what was on the site
presently. It was noted two spots thought to be sand is actually sawdust; someone is dumping over the slopes, which are not stable. Chairwoman Kehoe noted Mr. Balch had said the fill came from Blue Back Square (West Hartford) which contained a print shop, an auto dealer, and a Town Hall. Discussion continued regarding the acceptance of possible contaminated soil, the question of records - or lack thereof - indicating where the fill came from and what it contained, and who provided the material and what they represented the material to be. Chairwoman Kehoe noted that it’s been documented that over 100 cubic yards of fill has been brought in; Mr. Balch now requires a Special Use Permit from the Planning and Zoning Commission for that action. By depositing the material in the Flood Plain and the Channel Encroachment Line a DEP Permit may be required. She noted that sometimes DEP prefers to stay out of situations if they are being dealt with
locally but she would like their involvement because of the possible/potential contaminated soil. Town Planner Whitten clarified that the fact that the material was deposited within the Channel Encroachment Line makes this a DEP issue regardless of where the material came from. Chairwoman Kehoe cited concern that soil testing might delay removal of the fill; she suggested erosion controls - silt fence and hay bales placed at the bottom of the slope - must be installed immediately as the sawdust is being placed at the edge of the grading. She indicated she would like to see a Cease and Restore Order issued for removal within 30 days. Mr. Balch balked, noting the property isn’t leased. Chairwoman Kehoe questioned the Commission’s opinion on her findings/suggestions; should they concur with her comments she requested a motion seeking a referral to the PZC for the Special Use Permit and the referral to the
DEP.
MOTION: To refer the Application of Balch Bridge Street Corporation for 244 South Main Street (rear) for the removal of fill material in regulated area, regrading of slope and establishment of permanent vegetative cover to the Planning and Zoning Commission for a Special Use Permit and to the Department of Environmental Protection for review of material deposited in the 100 year Flood Plain and within the Connecticut River Channel Encroachment Line.
Sawka moved/Osborn seconded/VOTE: In Favor: Unanimous
Town Planner Whitten advised Mr. Balch that with regard to temporary stabilization of the slope no more work can occur until the referrals have been made, and soil and erosion controls - silt fence and hay bales placed at the bottom of the slope - must be installed immediately.
Chairwoman Kehoe noted she has not seen an application for removal of the sawdust piles; her concern is that the tenant is working with reclaimed lumber which may contain oil and creosote; she questioned what was going into the property drain and what’s leaching out of the reclaimed lumber? Discussion continued regarding the lack of permit for the business’ operations; Town Planner Whitten noted Mr. Balch also needs to come in to the Planning Office and file an application for a Change of Use on this property. The Commission discussed the possibility of citing the business/tenant with a Violation Letter as well. Discussion continued regarding how to dispose/remove the sawdust? Mr. Ussery felt the business would have a dust collection system, and that material would go to a waste
collection facility; he felt there should be documentation as to where it’s going. Commissioner Malin suggested most processed woods contain arsenic. Building Inspector Stanley, speaking from the audience, concurred that the business should have a dust collection system; he also noted that under certain conditions this type of dust is highly flammable/combustible. Building Inspector Stanley indicated that when the business files a Site Plan he and the Fire Marshal will deal with these issues, as well as the issue of access for emergency vehicles.
The Commission discussed the continuing process for resolution of this situation, including removal of the sawdust. Mr. Ussery suggested temporary storage in a container from a facility like USA Hauling; Chairwoman Kehoe questioned if the material is a fire hazard? Discussion continued regarding how the sawdust residue was handled by the business at their previous location, what was their method of disposal, etc.
MOTION: To CONTINUE the Application of Balch Bridge Street Corporation for 244 South Main Street (rear) for the removal of fill material in regulated area, regrading of slope and establishment of permanent vegetative cover to the Commission’s next meeting on November 7, 2007 at 7:30 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. The Applicant must also install soil and erosion controls immediately and stabilize the slope immediately; sawdust piles must be removed from the slope and put into a container for
proper disposal. No more activity is to occur on site except for stabilization.
Osborn moved/Malin seconded/VOTE: In Favor: Unanimous
MOTION: To WRITE A VIOLATION LETTER to the lumber business at 244 South Main Street, East Windsor.
Osborn moved/McCarter seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED:
MOTION: To RECEIVE the Application for 161 South Main Street (Southern Auto Sales) - Application of Southern Auto Sales to conduct regulated activities associated with utility installation for east lot car wash and reconditioning center. Total parcel is 182 +/- Acres, served by public water and sewer.
Osborn moved/Malin seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/A. Board Development - Training/Topics Schedule:
Chairwoman Kehoe and Town Planner Whitten noted the availability of training programs currently being offered by the DEP and CAIWAC.
MISCELLANEOUS/B. Wetland Fee Schedule:
Special Meeting scheduled for Wednesday, October 24th at 7:00 in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. specifically for the purpose of reviewing/discussing the Wetland Fee Schedule.
AGENT DECISIONS: None.
VIOLATIONS (for action or Show-Cause Hearing): None.
STATUS REPORTS/A. Planning and Zoning Review:
Chairwoman Kehoe noted Mr. Dearborn is redigging the intermittent watercourse on his property on Newberry Road; she didn’t recall an application for same. It was noted he has an active Wetlands Permit; Chairwoman Kehoe suggested Town Planner Whitten call Mr. Dearborn to have him amend his permit, or come in to discuss his work with the Commission.
CONFERENCES/SEMINARS/TRAINING: No discussion.
CORRESPONDENCE:
Receipt of invitation to ribbon-cutting ceremony for Rockville Bank.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 10:36 p.m.
Ceppetelli moved/McCarter seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
________________________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor Conservation Commission/Inland Wetlands Watercourse Agency
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